[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Proposed Rules]
[Pages 26460-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11460]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 118 / Monday, June 23, 2025 /
Proposed Rules
[[Page 26460]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-1112; Project Identifier MCAI-2025-00027-T]
RIN 2120-AA64
Airworthiness Directives; Airbus SAS Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2024-08-05, which applies to certain Airbus SAS Model A330-200 series,
A330-200 Freighter series, A330-300 series, A330-841, and A330-941
airplanes. AD 2024-08-05 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. Since the FAA issued AD 2024-08-
05, the FAA has determined that additional new and more restrictive
airworthiness limitations are necessary. This proposed AD would retain
certain actions in AD 2024-08-05 until the existing maintenance or
inspection program, as applicable, is revised to incorporate the new
and more restrictive airworthiness limitations. The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 7,
2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-1112; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For European Union Aviation Safety Agency (EASA) material
identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this material
on the EASA website at ad.easa.europa.eu. It is also available at
regulations.gov under Docket No. FAA-2025-1112.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Kin Suen Chan, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 312-
203-5670; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-1112;
Project Identifier MCAI-2025-00027-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data. The FAA will consider all comments received by the
closing date and may amend this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Kin
Suen Chan, Aviation Safety Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; phone: 312-203-5670; email: [email protected].
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued AD 2024-08-05, Amendment 39-22738 (89 FR 50505, June
14, 2024) (AD 2024-08-05), for Airbus SAS Model A330-200 series, A330-
200 Freighter series, A330-300 series, A330-841, and A330-941 airplanes
with an original airworthiness certificate or original export
certificate of airworthiness issued on or before October 2, 2023. AD
2024-08-05 was prompted by an MCAI originated by EASA, which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2023-0199, dated November 17, 2023 (EASA AD 2023-0199) to
correct an unsafe condition identified as a safety-significant latent
failure (that is not annunciated) that, in combination with one or more
other specific failures or events, could result in hazardous or
catastrophic failure condition. AD
[[Page 26461]]
2024-08-05 requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations.
Actions Since AD 2024-08-05 Was Issued
Since the FAA issued AD 2024-08-05, EASA superseded AD 2023-0199
and issued EASA AD 2025-0012, dated January 13, 2025 (EASA AD 2025-
0012) (referred to after this as ``the MCAI''), for all Airbus SAS
Model A330-200 series, A330-200 Freighter series, A330-300 series,
A330-841, and A330-941 airplanes. The MCAI states that new and/or more
restrictive airworthiness limitations for certification maintenance
requirements (CMRs) related to the air cooling temperature control and
pneumatic system have been developed.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after October 1, 2024, must
comply with the new and more restrictive airworthiness limitations, as
those airworthiness limitations are part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
The FAA is proposing this AD to address a safety-significant latent
failure (that is not annunciated) that, in combination with one or more
other specific failures or events, could result in a hazardous or
catastrophic failure condition. You may examine the MCAI in the AD
docket at regulations.gov under Docket No. FAA-2025-1112.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed EASA AD 2025-0012. This material specifies new and
more restrictive airworthiness limitations for airplane structures.
This proposed AD would also require EASA AD 2023-0199, which the
Director of the Federal Register approved for incorporation by
reference as of July 19, 2024 (89 FR 50505, June 14, 2024).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2024-08-05
until the existing maintenance or inspection program, as applicable, is
revised to incorporate the additional new and more restrictive
airworthiness limitations, which are specified in EASA AD 2025-0012
already described, as proposed for incorporation by reference. Any
differences with EASA AD 2025-0012 are identified as exceptions in the
regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (n)(1) of this proposed AD.
Other Relevant Rulemaking
AD 2022-17-08, Amendment 39-22146 (87 FR 54865, September 8, 2022)
(AD 2022-17-08) applies to Model A330-201, -202, -203, -223, 223F, -
243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343
airplanes and requires, among other actions, repetitive maintenance
tasks and corrective actions for failures related to over-temperature
conditions. Accomplishing the actions in paragraph (j) of this proposed
AD would terminate those repetitive maintenance tasks and corrective
actions, which are specified in paragraphs (4) through (7) of EASA AD
2021-0281, dated December 17, 2021, and required by paragraph (g) of AD
2022-17-08.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to retain the incorporation by reference (IBR) of EASA AD
2023-0199 and incorporate EASA AD 2025-0012 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0199 and EASA AD 2025-0012 through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Using common terms that are the same as the
heading of a particular section in EASA AD 2023-0199 or EASA AD 2025-
0012 does not mean that operators need comply only with that section.
For example, where the AD requirement refers to ``all required actions
and compliance times,'' compliance with this proposed AD requirement is
not limited to the section titled ``Required Action(s) and Compliance
Time(s)'' in EASA AD 2023-0199 or EASA AD 2025-0012. Material required
by EASA AD 2023-0199 and EASA AD 2025-0012 for compliance will be
available at regulations.gov by searching for and locating Docket No.
FAA-2025-1112 after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions
[[Page 26462]]
for Alternative Actions and Intervals'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action or interval. Operators may not use
alternative actions or intervals under 14 CFR 91.403(c).
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 158 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the cost per operator for the retained action
from AD 2024-08-05 to be $7,650 (90 work-hours x $85 per work-hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new proposed
actions to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2024-08-05, Amendment 39-22738
(89 FR 50505, June 14, 2024); and
0
b. Adding the following new AD:
Airbus SAS: Docket No. FAA-2025-1112; Project Identifier MCAI-2025-
00027-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 7, 2025.
(b) Affected ADs
(1) This AD replaces AD 2024-08-05, Amendment 39-22738 (89 FR
50505, June 14, 2024) (AD 2024-08-05).
(2) This AD affects AD 2022-17-08, Amendment 39-22146 (87 FR
54865, September 8, 2022) (AD 2022-17-08).
(c) Applicability
This AD applies to Airbus SAS Model A330-201, -202, -203, -223,
223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -
343, -841, and -941 airplanes, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before October 1, 2024.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new and more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address a safety-significant latent failure (that
is not annunciated) that, in combination with one or more other
specific failures or events, could result in hazardous or
catastrophic failure condition.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a New Terminating Action
This paragraph restates the requirements of paragraph (p) of AD
2024-08-05, with a new terminating action. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before October 2, 2023: Except as
specified in paragraph (h) of this AD, comply with all required
actions and compliance times specified in, and in accordance with,
European Union Aviation Safety Agency (EASA) AD 2023-0199, dated
November 17, 2023 (EASA AD 2023-0199). Accomplishing the revision of
the existing maintenance or inspection program required by paragraph
(j) of this AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2023-0199, With No Changes
This paragraph restates the requirements of paragraph (q) of AD
2024-08-05, with no changes.
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2023-0199.
(2) Paragraph (3) of EASA AD 2023-0199 specifies revising ``the
AMP'' within 12 months after its effective date, but this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after July 19, 2024 (the effective date
of AD 2024-08-05).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2023-0199 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2023-0199, or within 90 days after July 19, 2024 (the
effective date of AD 2024-08-05), whichever occurs later.
(4) This AD does not adopt the provisions specified in
paragraphs (4) and (5) of EASA AD 2023-0199.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0199.
(6) Where the service information referenced in EASA AD 2023-
0199 specifies the compliance time for tasks 282400-G0001-1-C and
282400-P0001-1-C as ``24 Months from the Effective Date of the EASA
Airworthiness Directive that is expected to be issued to mandate
this change, without exceeding the current 29,000 FH,'' this AD
requires using within 24 months after July 19, 2024 (the effective
date of AD 2024-08-05), without exceeding the current 29,000 flight
hour interval.
(i) Retained Provisions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (r) of AD
2024-08-05, with a new exception. Except as required by paragraph
[[Page 26463]]
(j) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) and intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2023-0199.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2025-0012, dated January 13, 2025 (EASA AD
2025-0012). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraphs (g) of this AD.
(k) Exceptions to EASA AD 2025-0012
(1) This AD does not adopt paragraphs (1), (2), (4), and (5) of
EASA AD 2025-0012.
(2) Where paragraph (3) of EASA AD 2025-0012 specifies revising
``the AMP'' within 12 months after its effective date, this AD
requires revising the existing maintenance or inspection program, as
applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2025-0012 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2025-0012, or within 90 days after the effective date of
this AD, whichever occurs later.
(4) This AD does not adopt the ``Remarks'' section of EASA AD
2025-0012.
(5) Where the Compliance Time column of the table in the service
information referenced in EASA AD 2025-0012 refers to ``01 December
2025 (Corresponding to the 24 Months from the Effective Date of the
EASA Airworthiness Directive No.: 2023-0199), without exceeding the
current 29 000 FH,'' this AD requires using within 24 months after
July 19, 2024 (the effective date of AD 2024-08-05), without
exceeding the current 29,000 flight hour interval.
(6) Where the Compliance Time column of the table in the
material referenced in EASA AD 2025-0012 refers to ``the Effective
Date of the EASA Airworthiness Directive that is expected to be
issued to mandate these changes,'' this AD requires using the
effective date of this AD.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the ``Ref. Publications'' section of
EASA AD 2025-0012.
(m) Terminating Action for AD 2022-17-08
For Model A330-330-201, -202, -203, -223, 223F, -243, -243F, -
301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes:
Accomplishing the actions required by paragraph (j) of this AD
terminates the provisions in paragraphs (4) through (7) of EASA AD
2021-0281, dated December 17, 2021, that are required by paragraph
(g) of AD 2022-17-08.
(n) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or responsible Flight Standards Office,
as appropriate. If sending information directly to the manager of
AIR-520, Continued Operational Safety Branch, send it to the
attention of the person identified in paragraph (o) of this AD and
email to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, AIR-520,
Continued Operational Safety Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
(o) Additional Information
For more information about this AD, contact Kin Suen Chan,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 312-203-5670; email: [email protected].
(p) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material (IBR) listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(3) The following material was approved for IBR on [DATE 35 DAYS
AFTER PUBLICATION OF THE FINAL RULE].
(i) European Union Aviation Safety Agency (EASA) AD 2025-0012,
dated January 13, 2025.
(ii) [Reserved]
(4) The following material was approved for IBR on July 19, 2024
(89 FR 50505, June 14, 2024).
(i) EASA AD 2023-0199, dated November 17, 2023.
(ii) [Reserved]
(5) For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on June 18, 2025.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-11460 Filed 6-20-25; 8:45 am]
BILLING CODE 4910-13-P